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Madhya Pradesh High Court

Vikas Kumar Namdeo @ Vikky Namdeo vs The State Of Madhya Pradesh on 8 December, 2015

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       Cr.A. Nos.1081/2015, 1454/2015, 1893/2015
08.12.2015
     None appears for the appellants.
     Shri A.P. Singh, Government Advocate for the
respondent/State.

None appears for the appellants - presumably because of the boycott call given by the Bar Associations. The Court, however, is obliged to proceed with the matter, in the light of the dictum of the Supreme Court in the case of Ex-Capt. Harish Uppal Vs. Union of India and others - 2003(2) SCC 45 (Para 35).

By way of indulgence and as the litigant should not suffer, we direct the Registry to issue SPC to the appellants, represented by Advocates to make necessary arrangement to espouse their cause and/or to remain personally present in Court or through authorized representative, for that purpose on the next date of hearing, failing which the Court may proceed with the matter appropriately.

SPC is made returnable on 13.01.2016. The notice to clearly mention that if none appears for the parties on the next date, the Court will have no other option, but to proceed with the matter appropriately.

I.A. No.14392/2015 - for condonation of delay.

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This application is for condonation of delay of around 54 days in filing of the criminal appeal.

For the reasons mentioned in the application, which have remained uncontroverted and being sufficient cause, in the interest of justice, application is allowed.

Criminal appeal be listed for admission on 13.01.2016.

              (A.M. Khanwilkar)                      (C. V. Sirpurkar)
                 Chief Justice                             Judge
shukla